Rule 18-409.1 - Subpoenas(a)Investigative Subpoenas.(1)Authorization; Issuance.(A) Upon application by Investigative Counsel, the Chair of the Board, on behalf of the Commission, may authorize Investigative Counsel to issue a subpoena to compel the attendance of witnesses and the production of designated documents or other tangible things at a time and place specified in the subpoena if the Chair finds that the subpoena is necessary to and in furtherance of an investigation being conducted by Investigative Counsel pursuant to Rule 18-422 or 18-424.(B) Upon authorization, Investigative Counsel may issue the subpoena.(2)Contents. A subpoena shall comply with the requirements of Rule 2-510(c), except that to the extent practicable, a subpoena shall not identify the judge under investigation. A subpoena to compel attendance of a witness shall include or be accompanied by a notice that the witness (A) has the right to consult with an attorney with respect to the assertion of a privilege or any other matter pertaining to the subpoena and (B) may file a motion for judicial relief under Rule 2-510.(3)Service. A subpoena shall be served in accordance with Rule 2-510. Promptly after service of a subpoena on a person other than the judge under investigation and in addition to giving any notice required by law, Investigative Counsel shall serve a copy of the subpoena upon the judge under investigation pursuant to Rule 18-404. Cross reference: For examples of other notice required by law, see Code, Financial Institutions Article, § 1-304, concerning notice to depositors of subpoenas for financial records; Code, Health General Article, § 4-306 concerning disclosure of medical records; and Code, Health General Article, § 4-307, concerning notice of a request for issuance of compulsory process seeking medical records related to mental health services.
(4)Motion for Protective Order. The judge, a person named in the subpoena, or a person named or depicted in an item specified in the subpoena may file a motion for protective order pursuant to Rule 2-510(e). The motion shall be filed in the circuit court for the county in which the subpoena was served or, if the judge under investigation serves on that court, another circuit court designated by the Commission. The court may enter any order permitted by Rule 2-510(e).(5)Failure to Comply. Upon a failure to comply with a subpoena pursuant to this Rule, the court, on motion of Investigative Counsel, may compel compliance with the subpoena as provided in Rule 18-411(g).(6)Confidentiality.(A) Court Files and Records. Files and records of the court pertaining to any motion filed with respect to the subpoena shall be sealed and shall be open to inspection only upon order of the Court of Appeals.(B) Hearings. A hearing before the circuit court on any motion filed with respect to a subpoena shall be on the record and shall be conducted out of the presence of all individuals except those whose presence is necessary.Cross Reference: See Code, Courts Article, §§ 13-401-403.
(7)Recording of Statements. All statements by the subpoenaed witness shall be under oath and shall be contemporaneously recorded stenographically or electronically.(b) Subpoenas Issued Pursuant to Rule 18-433 or 18-434. The Chair of the Commission, on behalf of the Commission, may authorize the Executive Counsel to issue a subpoena to compel the attendance of witnesses and the production of documents or other tangible things at a time and place specified in the subpoena. To the extent otherwise relevant, the provisions of Rule 2-510(c), (d), (e), (f), (g), (h), (i), (j), and (k) shall apply to subpoenas issued pursuant to this section. References to a court in those Rules shall mean the Chair of the Commission, on behalf of the Commission. Promptly after service of a subpoena on a person other than the subject judge, the party who requested the issuance of the subpoena shall serve a copy of it upon the other party electronically at an address furnished by the other party.Md. R. Jud. & Judi. Appts. 18-409.1
This Rule is new and is derived, in part, from Rule 19-712(2018).
Adopted May 15, 2019, eff. 7/1/2019; amended July 8, 2021, eff. 10/1/2021.Committee note:
The intent of section (b) is that the Executive Counsel issues an authorized subpoena and provides it to the party who requested it for service.